(1) The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (herein under referred to as the said rules) are hereby repealed.
Providedthat such repeal shall not affect:
(a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or
(d) any investigation, legal proceedingsor remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
And any such investigation, legal proceedingsor remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said rules had not been rescinded.
(2) Notwithstanding such repeal anything done or any action taken or purported to have been done or taken including approval of letter, exemption granted, fees collected, any adjudication, enquiry or investigation commenced, license and registration of manufacturers, dealers, importers of pre-packagedcommodities, or show cause notice, decision, determination, approval, authorisation issued, given or done under the said rules shall if in force at the commencementof the said rules continue to be in force and have effect as if issued, given or done under the corresponding provisions of these 72 THE GAZETTE OF £NOlA: EXTRAORDINARY rules.
(3) The provisions of these rules shall apply to any application made to the Central Government or as the case may be the State Government under the said rules for licence, registration of manufacturers, importers, dealers of pre-packaged commodities pending at the commencement of these rules and to any proceedings consequent thereon and to any registration granted in pursuancethereof.
(4) Any legal proceeding pending in any court under the said rules at the commencementof these rules may be continued in that court as if these rules had not been framed.
(5) Any appeal preferred to the Central Government or as the case may be the State Government under the said rules and pending shall be deemed to have been made under the corresponding provisions of these rules.
THE FIRST SCHEDULE [See Rule 2(e)]
1. Maximumpermissible errors on net quantity declared by weight or volume.'
(1) The maximum permissible error, in excess or in defldency, in the net quantity by weight or volume of ilily commodity shall be as specified in Table I below» TABLE-J Maximum permissible errors on net quantities declared by weight or by volume ::'1. NO. uectareo quantity Maximum permissible error in excess or In deficiency 9 or ml,___.
AS percentage or ceoarec g or rm quantity (I) up to so ':J - tli) 50 to 1M - ~s-
(iii) roo to LUU 4.!> ._- · -\IVr-----ZOO"T01UU--- -...•.... -.~..-...-- - ...------ ..-.-..-----~-,.-.---~-...__ ._._.__ . ..........._ ······..·-··9·..····-----····-·--··.
'-:m0fQ50o .-.tV) 3 · -- (VI) !>uu to lUUO - 15 -_ r-- (vii) 1000 to 1uuuv I,S · (Viii) 10000 to 1!>000 .. 1!>0 OX) MOle than 1!>OOO 1.v ..
- .._'---_.
(2) The maximum permissible error specified as percentage shall be rounded off to the nearest one tenth of a 9 or rnl, for a declared quantities less than or equal to 1000 9 or ml and to the next whole 9 or ml for declared quantities above 1000 9 or ml.
2.The maximum I)ermissibie errors on net quantity declared by length, area or number.. (1) The maximum ['WT I1-~ 3(i)] 73 permissible error, in excess or in deficiency, in the net Quantity declared in terms of length, area or number of any commodity not specified in the First Scheduleshall be as specified in Table II below:- TABLE -II in units 0 area 2% of deClaredQuantity up to 10 metre and therea1terI% of aeclare<r itbr----+=---=----~-----rrr:-,---~Quantity up to THE SECONDSCHEDULE (Seerule 5) Commoditiesto be packed in speofied Quantities The following commodities shall be packed in such Quantities by weight, measure or number as are specified in the correspondingentries against them.
SI. No. Commodities Quantities in which to be packed
1. 2. 3.
1. Babyfood 100g, 200g, 300g, 400g, 500g, 600,g, 700 g, 800 g, 900g, 1 kg, 2kg, 5 kg and 1Qkg.
2. W~i'\fling food.
100g, 2QOg, 300g, 400g, 500g, 6QOg, '7oog, 800g, 900g, 1 kg, 2 kg, 5 kg and 10 kg.
3. Biscuits 25g, 509, 759, 100g, 150g. 200g, 250g, 300g and thereafter In multiples of l00g UP to 11(9·
4.
Bread including bmwn bread but excluding bun.
10Dg and there after in of multiples lOOg.
Un-cannedpackagesof 25 g, so g, 100 g, 200 g, 500 g, 1 kg, 2 kg, 5 kg, and thereafter in
5. butter and marganne multiples of 5 kg.
900 G1I11-IO 74 THE GAZETTE OF fNDIA : EXTRAORDINARY .
6. Cerealsand Pulses l00g, 2009, 500g, 1 kg, 2 kg,S kg and thereafter multiples of 5 kg
7. Coffee B. Tea Materialswhich may be
9.
constituted reconstituted beverages.
10 Edible Oils Vanaspati, ghee, butter oil
11. Milk Powder.
12.
Non-soapy detergents (powder)
13.
Rice(powdered), tlbtJt, atta, rawa and su)i.
14. Salt
15. Soaps
(a) laundry Soap
(b) Non-soapy detergent cakes/ bars.
25g,50g, 1009, 2009, 2509, 500g, 1kg and tIlere.ilfter in multiples of 1kg.
2Sg,50g, lOOg, 1259 2509, 500g, lkg and thereafter in multiples of lkg.
or 259, 50 g, 100 g, 125g, 200 9, 500 g, 1 kg and thereafter in multiples of as 1 kg.
50 g, 100 9, 200 g, 500 g, 1 kg, 2 kg, 3 kg, 5 kg and Ulereafter in multiples of 5 kg If net quantity is declared by volume the same num~ in milliliters or liters, as the case may be. If the net quantity is declared by volume, then the E<luivalentquantity in terms of mass to be declared in brackets in samesizeof lettersl numerals Below 50g no restriction, 509, lOOg, 2009, 500 g, 1 1:'1 and lherellfh'!f ill multiples of 500 g.
Below509 no restriction, 50g, 1009, 2009, 5009, 700g, lkg, 1.5 kg, 2 kg and thereafter, in multiples of 1kg.
loog, 2009, 5OOg,lkg, 2kg, 5 kg and thereafter in multiples of 5 kg.
Below 50g in multiples of 109, 509, lOOg, 2009, 500g, 7509, 1 kg, 2 ~9, :, kg and thereafter in multiples of 5 kg.
509, 75g, lOOy, and thereaftci in multiples of 509.
50g, 75g, 100g, 125g, 150g, 200g, 250g, 300g and thereafter in multiples of 100g
(c) Toilet Soap including all kinds of 25g, 50g, 75g, 100g, 125g, 150gand thereafter in multiples of 50g.
bath soap (cakes).
16. Aerated soft drinks, 65 ml (fruit baseddrinks only), 100ml, 125ml(fnJit based dril'ks only), 150 non-alcoholic beverages.
ml, 200 ml, 250 ml, 300 ml, 33Ofn!(incans only), 500 rnl, 750 ml, 1 litre,
1.5 litre, 2 litre, 3 litre, 4 litre and 5 litre.
17. Mineral water and 100ml, 150ml, 200 ml, 250 ml, 300 rnl, 500 mil 750 ml, 1 litre, 1.5H(rf'. 2 [qpy II-~ 3(i)] 7S_'--......,._-~-drinking v:--ater litre, 3 litre, 4 litre and 5 litre.
18. Cement in bags.
1 kg, 2 kg, 5 kg, 10 kg, 20 kg, 25 kg, 40 kg (for White cement only) ami 50 kg.
19. Paintvarnish etc.
(a) Paint (other tran paste paint or splid 50 ml, 100 ml, 200 ml, 500 ml, 1 litre, 2 litre, 3 litre, 4 litre, 5 litre and paint) varnish, varnish thereafter in multiples of 5 litre.
stains, enamels.
(b) Paste paint and solid paint 500g, 1 kg, 1.5 kg, 2 kg, 3 kg, 5 kg, 7kg and thereafter multiple of 5 kg.
(c) Base paint: 450 ml, 500 ml, 900 ml, 925 ml, 950 ml, 975 rnl, 1 litre, 3.6 litre, 3.7 litre.
3.8 litre, 3.9 litre and 4 litre and no restriction above 4 litre.'
THE THIRD SCHEDULE (See Rule 11(4» Declarationof quantity in relation to commodities (sold by weight or volume) which may be qualified by tile words "Wilen packed"
51. No. Nameof commodity
1. All kinds of Soaps Lotions Cream(other than creamof milk)
2.
J.
THE FOURTH SCHEDULE (SeeRule 12(2» Exceptionsreferred to in Rule 12(2)
1. The followipg commodities in packaged form may be sold by weight, measure or number as shown against the com~odity:- TABLE
51.
No.
Commodity Whether declaration to be expressed in terms of weight, measuresor number or two or more of thern .... _---- ----- - _--- ..- - - - -_ -_ -- _-- _ --_ -_ -_ --- -_ _ -..- -- -- -_ ..
1. 2. 3.
l.
2.
3.
Aer()solProducts Acids in liquid form Compressedor liq4efieq Weight Weight or volume Weight and equtvalent volume 76
4.
5.
6.
7.
8.
9.
10,
11.
12.
13.
14.
15.
16.
17.
18.
19.
22.
23.
24.
25.
26.
THE GAZETTE OF INDIA; EXTRAORDINARY [PART II-SEc"' 3(i)] =gas(but not liquefied petroleum gas) Curd Electric Cables Electric wire at stated temperature and pressure Weight Length or weight length or weight Number or weight Number or weight Weight or volume Weight or volume Weight or volume fencing wire Fruits( al' kim:js Furnace oi!
Non edible vegetable 011 Edible 011,v"n~!!pAti ghee and butter oil Heavy residual fuel oil Industrial diesel fuel Weight Volume Weight
20.
21.
j·l0,--:::;', malt-extract, golden syrup treade Ice cream and other Similar frozen products Uquid chemicals Uquefied petroleum gas Nails, wood screws Paints other than paste paint or solid paint) Varnish varnish stains, enamels Paste paint, solid paint Rasgulla, Gulabjamun and other sweet preparations Ready-made garments Sauces, all kinds Tyres and tubes Yarn Cosmetics Including creams, shampoo, lotions and perfumes Weight or lengl~ C; ~~rn, Weight or measure Volume Weight or vol~rrle ",eight ~Hmber or weigpt Volurpe Weight Weight Number Weight Number THE FIFTH SCHEDULE (See Rule 19) Manner of Selection of Sample Packages
1. For determination of the net quantity for any commodity contained in a package, the sample size shall be such as is specified in the corresponding entry column 2 of the Table below agalflst the lot size specified in Column 1 of the said Table.
lot Size Sample Size
(1) (2) less than 4000 32 77 More than 4000 80
2. The sampleshall be selected at random in accordancewith the manner soeoneo In paragraphs 3 and 4.
3. Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samplesof packagesstored by the manufacture or packer in a ware house, go-down or at any other place, the sample shall be selectedat random, from ever lot of packagesand shall be picked out from the top, bottom, center, right, left, front and rear of the stocks so that the samplesmay adequately represent the packages in the lot.
4. Where, for the determination of the net quantity of any commodity contained in a package it IS necessary to take samples form the place where the package is being filled such samplesshall be selected from among the packagewhich have already been filled, or in the alternatively, the requiSitenumber of empty containers may be taken over and each of them shall be adequately marked for proper identification and the tare weight of each container shall be accurately noted and thereafter the marked containers shall be introduced at random in the packing process so that, after the packages are filled in may be possible to determine the net quantity
Explanation: In this schedule 'Sample size' meansthe umber of packagesto be selectedas sample.
THE SIXTH SCHEDULE (SeeRule 19) Determination of the Net Quantity of Commodities contained in Packages Part-I - Equipment
1. Equipments required- (1) The Director, Controller or any Legal Metrology Officer authorized by or under the Act, to determine the net quantity; of commodity contained in any package, shall be orovioed by the concerned Government with adequateequipments and facilities to carry out his work to the required degree of accuracy in an Expedient and effioent manner.
900 G1/11-11 78 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEc. 3(i)J
(2) The equioments, referred to in sub-paragraph (1), shall ordinarily consist of working standard weights and balances, or any other weight or measure declared by the Director to be suitable for determining the net Quantity contained in the concernedpackage.
(3) The Director, Controller or any Legal Metrology Officer shall, before determining the net quantity contained in any package,ensure that the working standards and other equipments are functioning property.
2. Workingstandards to be ordinarily used.-(l) Ordinarily, working standards and other weights and measures, duly verified shall be used for determining the net quantities contained in packagesand the errors, if any, in relation to the net Quantity declared on the package.
Providedthat, where It is necessary to use the weights and measures, owned or controlled by the manufacturer, packer or wholesaledealer as the case may be such weights and measures, shall be used unless the maximum permissibleerror of such weights and measures is twenty per cent or less of the maximum error permitted n relation to the net quantity of the commodity contained in the packages.
(2) It shall be the duty of every manufacturer, packer or wholesaledealer to render such assistance the Director, Controller or any Legal Metrology Officer as the Director or other authorized person may require in order carrying out his duties expeditiously and efficiently,
(3) Where any weight, measure or other equipment, owned or controlled by the rnanuracturer, packer or wholesaledealer is used by the Director, Controller or any Legal Metrology Officer for the determination or the net quantity contained in any package, such weight, measure or other equipment shall not be released by the Director or other authorized person until his work IScompleted.
Part-II - Instructions with regard to the determination of quantity and error at manufacturer's or packer's premises.
3. (1) If empty tare packages are available, one such package shalf be taken and tare package weight determined. If ['WT Il-~ 3(i)] the tare package weight is equal to or less than three-tenths of the maximum permissible error for the concerned commodity of that quantity, it shall be assumed that the tare package weight so determined is vdlid fur all the other packages in the sample, and the sample packagesshall then be weighed for gross weight, and thereafter the net weight of commodity contained in each packageshall be obtained by subtracting the tare packageweight from the gross packageweight. If the tare packageweight so determined is more than three tenths of the maximum permissible error in relation to the commodity for that quantity, weight of four emptier tare packages shall be determined. If the difference between the maximum tare package weight and the minimum tare packageweight of the five samples is equal to or less than four tenths of the maximum permissible error allowed for that commodity for that quantity, the tare weight of the packageshall be taken as equal to the average of the five tare packageweights. The gross weight of the package in the sample shall then be determined and the average tare package weight shall be subtracted from the gross package weight to obtain the net contents of the commodity in each package, in the sample. However, when the difference in the five individual tare weights of the packages exceeds the limit of four tenths of the maximum permissible error specified above, the procedure specified in sub-paragraph (4) or sub-paragraph (5), as the case may be, shall be adopted for determining the net quantity of individual packages.
(2) In the absence of empty tare packages, one packagefrom the sample shall be opened and the net weight of the commodity and the tare weight of the package determined. If the tare weight of the package is equal to or less than three-tenth of the maximum permissible error for that concerned commodity of that quantity, it shall be assumedthat the tare weight of one package so determined is valid for all HIe other packages in the sample, and the remaining packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare weight from the gross weight.
(3) If the tare weight of the package specified in sub-paragraph (2) IS more than three-tenths of the maximum permiSSible error in relation to that commodity, four more packages in the samples shall be opened and the net weight of the commodity in each package as well as the tare weight of each package shall be determined. If the uv difference between the maximum tare weight and the minimum tare weight of five samples is equal to or less than four- THE GAZETTE OF INDIA; EXTRAORDINARY {PART II-SEc. 3(I)J tenths of the maximum permissible error for that commodity of that quantity, the tare weight of the package shall be taken as equal to the arithmetic mean of the five tare weights. The gross weight of the packages in the sample shall then be determined to the requisite accuracy and the average tare weight of the contained shall be subtracted from the gross weight to obtain the net contents of the commodity in each package in the sample.
(4) Where It IS found on examining the first package, as described in sub-paragraph (2) that the tare weight of the container exceedsthe limits speCifiedin Sub-paragraph(2) and sub-paragraph (3) and the determination of net contents, cannot be carried out without Opening the remaining packages, or it is not, possible to use the procedure to use tile procedure described in sub paragraph (5) the size of the sample to be examined shalf be restricted to that indi<.atedin column (2) , in accordance with the lot indicated in column (1) of Table of the Fifth Scheduleand the determination of net quantity shall be carried out by Openingall the packagesin the sample.
(51Wh"e " rsIikely'hat 'he orocess of de'''ml",',,,,, of the"'0.1 "'" q"",,1tv maybe "._"" and it" "'''''We to , feed empty package into the packing processwithout affecting the results, the following prOCedureshall be used:
(a) the number of empty packages, depending upon the size of the lot, in accordancewith columns (1) and (2) of Table of the Fifth Scheduleshall be selected;
(b) the empty packageshall be marked Suitably to Identify them from the other packages;
(c) the weight of each empty package, with its other parts which are to be fitted on it after it is filled shall be determined and the weight SUitablyrecorded on the empty packageand also on the Formspecified in the Seventh Schedule;
(d) the empty package shall then be filled by introdUCing them in a random manner in the packing process, and such introduction shall be adequately spread over the duration in accordance with which ;the size of the lot is determined;
(e) the marked packages shall be taken out after completion of the filling and sealing operations and each such filled paCkageshall be weighed again to the requisite accuracy;
(f) the net quantity shall be obtained by dec.UI..~ing the tare weight determined in accordance with clause (c) from the gross weight.
(6) The Director, Controller or any legal Metrology Officer shall enter results of this examination of gross weight, net ['WT 1I-~ 3(i)] ;: •..
weight and tare weight in the Form Specifiedin the Seventh Schedulealong with such other observation as he lTIily = Hi wish to makeon the basis of his examination.
4. Determination of liquid contents by volume.-(l) If the specificgravity of the liquid commodity FilledIn packages remains sufficiently constant for a lot and it is POssibleto determine accuratel~' its specific gravity the r,'(~thod,M determination of net contents by weight, desCribedin paragrapil 3 may be used.
(2) If the method described in sub-paragraph (1) ISnot feasible the containers shall be opened and the contents of each packagepoured out carefully into the appropriate volume measure.
(3) The reading of the actual net volume of the commodity in every package shall be noted carefully and recorded in the Formspeofied in the SeventhSchedule.
5. Verification of length of commodities.-(1) The sample shaff be selected in the manner specifi(.>rlin tile Fifth Schedule.
(2) If it is not possible to measure the dimenSionswith out opening the package, the packageshall be opened.
(3) The length of the commodity shall be measuredby meansof a calibrated steel tape of Suitable length.
(4) If the actual length of the commodity is so great that it is not possible to measure it with the tape measure and a suitable length measuring instrument is available on the premises, that instrument shall be use, after duly calibrating it by SUitablemeans, with the steel tape serving ala working standard of length.
(5) The reading of the ectuet length of the commodity In every package shall be noted carefully and recorded In the Formspecified in the Seventh Schedule.
6. Verification of commodities packed by number.- The Director, Controller or any Legal Metrology Officer shall take packagesfrom the sample drawn by him in the manner specified in the Fifth Scheduleand determine the extent of error, by actual counting in each such package and may, for that purpose open all packages.
7. Checking of other declarations.- (1) The declarations made on the package or on the label affixed thereto, shall be examined with a view to ascertaining whether such declarations conform to these rules and may be ensured either at the factory level or at the depot of the factory .
82 THE GAZETfE OF INDIA: EXTRAORDINARY [PARTII-SEC. 3(i)J
(2)The additional declarations made on the package or on the label affixed thereto in respect of item (f) and (g) of subrule (1) of rule 6 shall also be examined to ascertain whether they are adequate.
THE SEVENTHSCHEDULE FormA Weight Checking - Data Sheet A Particulars of Package Name of Manufacturer/ Packerr----------- AaClress I pnce I Monm J rear B Lot Size: sample size:
Commodity Classification Schedule First! Second Class AI B ~----.
Maximum permissible error in percentage -- sample Gross Tare Net -- RemarkS ~ No. Weight Weight Weightj error I Weight ---- 1I Checking Data 200r;=----- - I I Results Declared wt. Avg.
Wt.t-~ . _.- - --- ------iI ~ENERAL COMMENTS WITH REGARD TO THE I COMPLIANCEWITH THE ACT AND THE RULESMADE I THEREUNDER _ 1 I:,""f~",~1--- "_._- SiYlldture and name of the Signature and name of I manufacturer or authorized person packer authorized by I any competent witness !
I i I Place:I I Designation:
I Name:
Time:L_ --- Note: If the data sheet runs into more pages than one, the each continuation sheet shall bear the signatures specified in Part F.
['WT Il-~ 3(i)] ===========.,::-::::==============================-83 A _'_ .._----------_ I Particularsof Package Name of Manufacturer/ Packer -- r-;\"dciress r--'>iTEe I MOnffl--r=-'Year-' = B Lot Size:
SampleSize:CommOdityClassification ScheduleFirstj Second ClassAI B Maximum permissible error in percentage ------_c ;:,ample uross Iare Net -Rernaiks' No. Weight Weight Weight/ error- ',.VOlume/ Lengm 1 '-CheckingData 200 u Results DeclaredVolume/ Length Avg. Volume/length ---. __ .._ --.-_ .._--_ e GENERALCOMMENTSWITH REGARDTO THE COMPUANCEWITH THEACTANDTHERULESMADE THEREUNDER ,.
-- Signature and name of the Signature and name of manufacturer/ authorized person packer authorized by manufacturer or any competent witness Place:
Designation:
-------J Name:
TIme:
Form B Volume/ length Checking - Data Sheet Note:' If the data sheet runs into more pages than one, the each continuation sheet shall bear the signatures Specified in Part F.
[F. No. WM-9( 6)!20 IO-Pt.J RAKESH KACKER, Spl, Secy, , ---------_ ..-.._._-_. __ Printed by the Manager. Government of India Press. Ring Road. Mayapun, New Delhi- I IOOM and Published by the Controller of Publicatiolls. Delhi-II 0054,